Agenda item

Variation condition 5 (opening hours) on previous permission 2013/92338 for change of use of retail unit to indoor sport and recreation unit Former Homecare DIY, Westbourne Road, Huddersfield.

Contact officer: William Simcock, Planning Services

Ward(s) affected: Greenhead

Delegate to the Head of Planning and Development to approve the variation of condition to extend opening hours as set in the submitted report on a permanent basis, contrary to the officers recommendation for the extended hours to be introduced for a 6-month trial period subject to: an additional condition to upgrade the external fire door to improve noise insulation.

The Sub Committee gave consideration to Planning Application 2022/93158 Variation condition 5 (opening hours) on previous permission 2013/92338 for change of use of retail unit to indoor sport and recreation unit Former Homecare DIY, Westbourne Road, Huddersfield.

Under the provisions of Council Procedure Rule 37 the Sub Committee received representations from Malcolm Sizer and Raj Handa (in support).

RESOLVED –

1.     Delegate approval of the application and the issuing of the decision notice to the Head of Planning and Development in order to permanently approve the variation of condition 5 (opening hours) on previous permission 2013/92338 for change of use of retail unit to indoor sport and recreation unit and complete the list of conditions including those contained within the considered report as set out below:

1.     The development hereby permitted shall be carried out in complete accordance with the plans and specifications listed in this decision notice, except as may be specified in the conditions attached to this permission, which shall in all cases take precedence.

2.     Car park to be retained surfaced and marked out.

3.     Car park management plan submitted with discharge of condition ref 202014/90523 to be adhered to.

4.     The use hereby permitted shall not be open to customers outside the hours of:

·       Friday 09:00 to 00:30 hours Saturday,

·       Saturday 09:00 to 00:30 hours Sunday,

·       Sunday to Thursday 09:00 to 23:15 hours on each day

5.     There shall be no deliveries to or dispatches from the premises outside the times of 08:00 to 18:00 Monday to Friday and 09:00 to 17:00 Saturdays.  No deliveries or dispatches shall take place on Sundays or Bank Holidays. 

6.     Noise from amplified music must be inaudible at noise-sensitive premises.

7.     Noise from fixed plant must be inaudible at noise-sensitive premises.

8.     No extract ventilation systems to be installed unless details have been submitted to and approved by the Local Planning Authority.

9.     No outdoor lighting shall be installed unless details have been submitted to and approved by the Local Planning Authority.

10. No mezzanine floor shall be inserted in the building outlined in red on the hereby approved location plan.

11. The bin storage for the hereby approved development shall only be located along the southern elevation of the application building as indicated on the floor plan submitted on 13 September 2013.  The bins shall remain positioned in this location free of obstructions and available for storage throughout the lifetime of the development.

12. Approved cycle storage spaces to be retained in accordance with details approved under discharge of condition no. 2014/90523.

13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification) no development within Schedule 2 Parts 3 or 4 is permitted.

14. Use to be carried out in strict accordance with the Noise Management Plan by Malcolm Sizer submitted February 2023.

2. An additional condition to upgrade the external fire door to improve noise         insulation.

A Recorded Vote was taken in accordance with Council Procedure Rule 42 (5) as follows:

A vote to approve the variation of condition to extend opening hours for a 6-month trial period:

For: Councillors: P Davies, Greaves and Hawkins (3 votes)

Against: Councillors D Firth, Homewood, Jo Lawson, Marchington, McGrath and McGuin (6 votes)

Abstained: Councillor Lee-Richards

A Vote to approve the variation of condition to extend opening hours on a permanent basis.

For: Councillors: D Firth, Hawkins, Homewood, Jo Lawson, Marchington, McGrath and McGuin (7 votes)

Against: Councillors P Davies, Greaves and Lee-Richards (3 votes)